The criminal justice system was created to protect the innocent from injustice. There are many ways in which this system can fail to accomplish its purpose. If you believe that you have been wrongfully accused of a crime, there are steps you can take to file a civil lawsuit to seek redress for your wrongful incarceration.
What To Do After You’ve Been Arrested
First, you will need to make sure that you have an attorney. This is an important step in ensuring your success with your legal rights. A competent attorney will help ensure that you win your case and receive the compensation you deserve.
Your attorney will also help you ensure that the case is properly handled by the authorities. If you do not find an attorney, you can usually get help from a criminal defense lawyer, a legal services company, or a public defender.
Be sure that you talk to an attorney who is knowledgeable about how to handle the laws of your state work so that you can better understand how the court will process your case.
Keep in mind that there are exceptions to everything, even the law. Some people are not guilty of crimes because they are mentally ill or even mentally challenged. Very rarely does the “insanity” defense go through. So, probably drop that idea right off the bat.
Keep in mind that even if you weren’t truthful or cooperative during the arrest, it doesn’t mean that you are guilty. You still have a chance at winning your case, provided the right legal counsel.
Remember that a criminal defense attorney will have more experience than you, so you may want to talk to a few of them before deciding on which is the best fit for you. They will be able to review the case thoroughly and give you a better idea of whether your legal rights are being upheld.
If you cannot reach an agreement with the prosecutor, you will have to appear for a court date. Again, if you cannot afford a lawyer, try contacting the public defender office.
Once you have appeared in court, the judge will decide if you are guilty or innocent. You may have to pay a small fee or you may have to spend time in jail as part of the sentencing. It all depends on the severity of the charges and how well your lawyer pleads your case.
Instead of waiting in jail until your court date comes around, you’ll most likely qualify to get a bail bond written on your behalf so that you don’t have to wait it out the whole time. Most bail bonds can be written any day (except Sundays in some cases), during normal business hours. After the bond is written, the bondsman delivers the bond to the jail and you get released. You absolutely have to show up for your court date though, otherwise the full amount of bail will be due and the cosigner of the bond will be liable.
Getting a bail bond written is easy, but having your friends or loved ones able to find you is another story.
After you’ve been arrested, you get at least one call provided to you. If you don’t tell the person you call which jail you’ve been detained in, they’ll have to resort to using an online inmate search portal to locate you. The bad news is that they will have to use a different jail’s search tool for every county/city in the state, which could take some time! In order to make things easier for everyone, be sure to tell your friend or loved one who is helping you get released from jail, which specific jail you’re in. It would also be helpful to give them your “booking number.” Usually the bail bondsman will ask for this information when contacted.